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01/22/2002CITY COMMISSION WORK SESSION CITY OF CLEARWATER January 22, 2002 Present: Ed Hart Vice-Mayor/Commissioner Whitney Gray Commissioner Hoyt P. Hamilton Commissioner William C. Jonson Commissioner Absent: Brian J. Aungst Mayor/Commissioner Also present: William B. Horne II City Manager Garry Brumback Assistant City Manager Ralph Stone Assistant City Manager Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Patricia O. Sullivan Board Reporter The meeting was called to order at 9:12 a.m. at City Hall, following a City Commission Special Meeting. Service Awards Six service awards were presented to City employees. The Commission recessed from 9:19 to 9:24 a.m. to meet as the Pension Trustees. The City Manager commended the City Commission for supporting public events as a team and providing an image of solidarity to the Community. DS DEVELOPMENT SERVICES First Reading Ord #6926-02 revising Appendix A, Schedule of Fees, Rates and Charges, V. Buildings and Building Regulations (E47.087), code of ordinances, to add a flat fee of $40 for tent permits related to approved neighborhood activities. The current fee for tent permits is $40 for a tent up to 20 feet by 40 feet in size and $50 for larger tents. There is no separate fee for tents erected for neighborhood block parties approved by the Neighborhood Services Division. In this situation, each tent is subject to a fee. Staff recommends amending the fees to include a flat fee of $40 to erect one or more tents for a neighborhood event approved by the City’s Neighborhood Services Division. In response to a question, the City Manager said residents want to use the tents to shield them from inclement weather during neighborhood days. The change allows more than one tent to be used at approved neighborhood activities for a flat $40 tent permit fee. PLD PLANNING Review annual report of Transfer of Development Rights (TDRs) pursuant to reporting requirement of Community Development Code. Pursuant to the Code, a record of transfer of development rights must be maintained and reported annually to the City Commission and PPC (Pinellas Planning Council). The City has approved two transfers since adopting the new Code in 1999. On December 14, 1999, the CDB (Community Development Board) approved TDR 99-10-01 for the transfer of nine development rights from the sending site at 423 Mandalay Avenue, to the receiving site at 468 Mandalay Avenue. On March 17,2000, the required Special Warranty Deed was filed with Pinellas County and is part of the Pinellas County Property Records. The sending site was the City parking lot on Mandalay Avenue and the receiving site was the JMC multi-family residential project, which is under construction. On December 14, 1999, the CDB approved TDR 99-10-02 for the transfer of 13 development rights from the sending site at 349 South Gulfview Boulevard to the receiving site at 325 South Gulfview Boulevard. On February 12, 2000, the required Special Warranty Deed was filed with Pinellas County and is part of the Pinellas County Property Records. The sending site was the McDonald’s restaurant and the receiving site was the Americana Resort. The transferred units have not been used. Both sending sites have no excess development potential remaining. In addition, TDR 99-01-01 requires that the sending site remain a parking lot or recreation/open space use as agreed upon in the agreement between the City and Pinellas County Countywide Planning Authority. Planning Director Cyndi Tarapani reported the Code permits multi-family projects to have a density of 30 units per acre. As a result of a previous lawsuit, the JMC project was permitted 76 units per acre. The nine TDR units had little impact on the project. Review annual report of Beach by Design Hotel Room Density Pool. In July 2001, the City Commission approved Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines to stimulate catalytic development. This special area plan established a limited pool of 600 additional hotel rooms to be used within three specific areas of Clearwater beach, for a period of five years from the date the County approved the CRD (Community Redevelopment District). At the County’s request, the City amended its Comprehensive Plan on July 12, 2001, to formally designate the CRD. On March 1, 2001, the City approved use of 184 hotel rooms from the 600 hotel-room density pool for a resort hotel, the Marriott Seashell Resort, at 229/301 South Gulfview Boulevard. No construction is underway on this site. A total of 416 hotel rooms remain available from the density pool and can be used within the priority redevelopment sites. The pool use provision will expire in July 2006. PW PUBLIC WORKS Increase the amount of the professional services contract with Walker Parking Consultants of Tampa, Florida in the additional amount of $79,000 for a total not to exceed $97,000 for Condition Appraisals and Restoration Services in accordance with section 2.564(1)e (Code of Ordinances-impractical to bid). In June 2001, the City retained Walker Parking Consultants to perform Condition Appraisals (Phase I) for the Garden Avenue and Municipal Services Parking garages at a cost of $18,000. Findings of the appraisals include repair/maintenance recommendations such as waterproofing, replacement joint and crack sealant system, concrete repairs, drainage improvements, and minor repairs to architectural areas of the garages. The conditions appraisals have afforded Walker Parking consultants with a thorough knowledge of the history and conditions of the two structures. Phase II of the contract is to prepare detailed plans and specifications for restoration services as required for the Garden Avenue and Municipal Services parking garages at a cost of $53,000 and will take approximately eight to twelve weeks to complete. Phase III will consist of assisting the City in bidding and negotiations with the contractors at a cost of $6,500, and will take approximately eight weeks to complete. Phase IV is construction administration, which will provide administration of the construction and periodic observation of the repair work for conformance to the plans and specifications at a cost of $19,500 and will take approximately six to eight months to complete, depending on the number of parking spaces that can be closed off at one time. The total of the contract through Phase IV is not to exceed $97,000. In response to a question, City Engineer Mike Quillen said the contract only covers engineering costs. Construction costs associated with the mostly routine maintenance requirements are estimated at $300,000 for the Garden Avenue Garage and $400,000 for the Municipal Services Garage. Construction services will be bid. Approve Change Order No. 6 to Harvey - Taddeo, Inc. of Oldsmar, Florida for the Alligator Creek Implementation Projects Contract (99-0025-EN), increasing the contract amount by $71,504.02, and approve a time extension of 60 days. The new contract total is $1,623,579.59. Field evaluation of the quantity of material to be removed in the dredging of the Cliff Stephens Park retention pond and the quantity of rock to be placed for the diversion berm and slope protection requires an increase in the contract amount. Other items also are adjusted to actual field quantities used. An increase of 60 days in the contract is required for the complete excavation and placement of materials, for a new completion date of February 25, 2002. The total increase and additional items equal $141,176.85 and the total decrease equals $69,672.83. The total is a net increase of $71,504.02, establishing a new contract amount of $1,623,579.59. In response to a question, Public Works Director Gary Johnson said the extension is based on the same rates as bid. Sufficient funding is available for the Alligator Creek Implementation Project to cover these additional costs, although use of this funding may impact the ability to finance future projects. Approve the Conceptual Approval Agreement with the Florida Communities Trust for acquisition of the Friendly Village of Kapok Manufactured Home Community property in the amount of $3,500,000. The June 1997 Comprehensive Watershed Management Plan for the Alligator Creek Watershed, developed cooperatively with Clearwater, Pinellas County, Safety Harbor, and SWFWMD (Southwest Florida Water Management District), identified the Kapok Wetland and Floodplain Restoration Project and prioritized it as the top-ranked flood control project. The project involves purchase of the 37-acre mobile home park, and relocation of the residents to allow for floodplain restoration, wetland creation, habitat and water quality improvement, and recreation and educational facilities. In August 2001, the City applied for funding for acquisition of the Friendly Village of Kapok Manufactured Home Community through the Florida Communities Trust Forever Program and was selected for funding in December 2001. Appraisals are being obtained. Assistant Director of Engineering/PD&E Tom Miller said the seller statement has been submitted. Staff was complimented for their efforts. The City Commission thanked Mr. Miller for his years of service to the City and wished him the best on his new job. Public Hearing & First Reading Res #02-05 approve changing the name of North Gulfview Boulevard to Beach Drive. The City Commission directed staff to draft a resolution renaming North Gulfview Boulevard to alleviate confusion tourists may have locating South Gulfview Boulevard addresses when North Gulfview Boulevard is only one block in length. Staff has drafted a resolution and recommends renaming North Gulfview Boulevard as “Beach Drive.” Staff research indicates three owners own property on the subject street. City costs related to changing the street name signs is estimated at $100. This item has been advertised twice prior to this meeting, in accordance with advertisement requirements for a street vacation. In response to a question, Mr. Quillen said Beach Drive is not platted directly west of the subject block. Property owners have been contacted and offered no objections. CM ADMINISTRATION Approve the Interlocal Agreement between Pinellas County and municipalities within Pinellas County and the City of Clearwater's $5,000 financial contribution to the American Assembly process. The City Manager has been working actively with the Pinellas County Administration and other city managers within the County to provide guidance towards a process to discuss a full range of issues affecting Pinellas County and its municipalities. The purpose of this discussion process is to ultimately lead to a Countywide consensus on a range of significant issues affecting Pinellas County and its municipalities. Consultants Dr. Lance deHaven-Smith and Dr. James Murley were asked to make a presentation on the American Assembly Process used in Florida. This process has been used successfully to help various cities and counties address issues, such as growth management and annexation. These gentlemen will be retained to facilitate the American Assembly process, assist with identification and articulation of issues, prepare a report to which a unified policy statement will be developed and approved at the Assembly, and ultimately implemented Countywide. It also is believed this process will assist and lead the parties to the development of a Countywide mission and cooperation among the various municipalities within Pinellas County concerning the provision of government services. A Steering Committee will be established and meet monthly to prepare for the 2-½ day assembly scheduled for May 2002. The assembly will consist of approximately 100 participants, selected from a broad representation of governmental sectors, geographical areas, population groups, and relevant community interests within Pinellas County. This group will be expected to produce policy statements regarding critical issues that will impact Pinellas County’s future. The City Commission is being asked to approve the Interlocal Agreement, which details the cost of the American Assembly Process and associated administrative responsibilities. The City Manager’s discretionary fund will pay the $5,000 cost for the City’s participation. In response to a question, the City Manager said the steering committee will determine how participants are selected. A role for elected body participation will be established. Other Commission Action Commissioner Hart referenced a memorandum regarding his vote at a recent PPC (Pinellas Planning Council) meeting. He said no discussion had occurred regarding the item, which was a request by the City of Clearwater. He said his vote reflected his opinion, not City Commission direction. As directed by the PPC Executive Director, Commissioner Hart has written a note to change his vote. He will take all necessary steps to correct the vote to unanimous. Commissioner Jonson said Tampa Bay Partnership President Stewart Rogel had addressed a recent TBRPC (Tampa Bay Regional Planning Council) meeting, stating the area’s biggest future challenge is restrictions on job growth and economic development due to a shortage of skilled employees and low wages, which no longer provide economic advantages. Education needs are paramount. Water issues also are of continuing interest. Commissioner Jonson said information on the visioning workshop addressing the Tampa Bay region will be posted on the TBRPC’s website. Commissioner Jonson said the Suncoast League of Municipalities is sponsoring a bus for the Florida League of Cities Legislative Action Day on February 19 and 20, 2001. Commissioner Jonson reported the City of Seminole is sponsoring a public discussion on annexation and the provision of municipal services on February 7, 2002. Commissioner Jonson expressed concern the proposed settlement agreement regarding billboards, between the County and Viacom is not yet available for review and public comment. Commissioner Jonson said none of the State legislation, filed to this point, provides municipalities assistance in addressing billboard issues. He said Senator Latvala’s proposal, being considered tomorrow by the transportation committee, would eliminate the option for municipalities to downsize billboards on roads such as US 19N. Commissioner Hart reported the State Legislative Session begins today. Adjourn The meeting adjourned at 10:23 a.m.